Citation : 2022 Latest Caselaw 1445 j&K
Judgement Date : 17 October, 2022
Sr. No. 38
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case :- CCP(D) No. 16/2022
Rakesh Khajuria & Ors. .....Appellant/Petitioner(s)
Through :- Mr. Sanjay Kakkar, Advocate
v/s
Kritika Jyotsna & Anr. .....Respondent(s)
Through :- Mr. Vishal Sharma, DSGI for R-2
CORAM : HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
In terms of impugned judgment, the Deputy Commissioner,
Udhampur was directed to provide requisite revenue record to the respondent-
Defence Estates Officer to enable them to place a formal indent as well as to
obtain sanction from the competent authority regarding release of requisite
amount for payment of compensation for the lands acquired.
As per the statement of facts filed by the respondent No. 1, it is
stated that the Assistant Commissioner Revenue has requested the Defence
Estates Officer, Udhampur (DEO) vide his Communication dated 10.08.2022
to provide the old revenue papers of the requisitioned land including revenue
map so that the revenue record could be provided to Defence Estates Officer
for further proceedings in the matter.
Mr. Vishal Sharma, learned DSGI appearing for respondent No. 2
submits that all the revenue papers, in fact, should have been available with the
Revenue Authorities as the land has been requisitioned through them and they
are also the custodian of revenue record.
Learned counsel for the petitioners submits that both the respondents
are passing the buck to each other and as such, there is no compliance of
judgment dated 03.09.2021 till date and they are deprived of the compensation
of their land which has been requisitioned by respondent No. 2 for last several
decades. Since the judgment has not been complied for almost a year now, it is
directed that Deputy Commissioner, Udhampur as well as Defence Estates
Officer, Udhampur shall remain present in person along with the relevant
record in the possession on the next date of hearing.
List on 18.11.2022.
(SINDHU SHARMA) (TASHI RABSTAN)
JUDGE JUDGE
Jammu
17.10.2022
Vishal
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